Terms of Use

Legal Information and Uses

These Terms and Conditions of Use (the "Terms of Use") apply to The Gnomon Workshop web site located at www.thegnomonworkshop.com, and all associated sites linked to www.thegnomonworkshop.com by The Gnomon Workshop, Inc., a California corporation, and its subsidiaries and affiliates, if any (collectively, the "Site"). The Site is the property of The Gnomon Workshop, Inc., a California corporation ("Gnomon") and its licensors, if any.

Gnomon reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time. Your access and use of the Site, Services or Materials (defined hereinbelow), will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of www.thegnomonworkshop.com to view the then-current terms.

As long as you comply with these Terms of Use, Gnomon grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Gnomon's express prior written consent.

The Site

Gnomon makes this web site with links to the Terms of Use, Materials, and Services available for your access and use subject to the Terms of Use.

"Materials" means all information, text, graphics, user interfaces, visual interfaces, photographs, names, images, trademarks, logos, sounds, music, artwork and computer codes, data, tutorials, communications, downloads, files, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by Gnomon or users of this Site, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials.

"Services" means all services and resources offered or enabled via the Site by Gnomon and users of this Site, including without limitation, download areas, developer tools services, product and other information services and communications services such as "post comment" areas, bulletin boards, calendars, chat areas, communities, e-mail, forums, newsgroups, personal webpages, photo albums and other message or communication facilities.

Intellectual Property; Limited License to Users

The Site, Materials, and Services, as well as their selection and arrangement, are all owned and controlled by Gnomon, or licensed by third parties to Gnomon, and are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property, unfair competition, and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

Use of Site

You must adhere to all limitations on dissemination, usage and reproduction of any Services or Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

As examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Gnomon server or to the Site without authorization from Gnomon.
• Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Materials.
• Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
• Make available any files containing Materials where you do not own or control all Intellectual Property Rights.
• Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site.
• Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
• Create a false identity for the purpose of misleading others.
• Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
• Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
• Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
• Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, obscene, profane, racist, unlawful, or otherwise objectionable.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages.
• Violate the rights of Gnomon or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
• Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Gnomon.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, Material, or Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Gnomon server, by hacking, password "mining" or any other illegitimate means.

Use of Materials

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site subject to the following conditions:

• The Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes.
• The Materials may not be modified or altered in any way.
• The Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
• You may not remove any copyright or other proprietary notices contained in the Materials.
• You may not copy or distribute any graphics in the Materials apart from their accompanying text.
• You will not quote or display Materials, or any portions thereof, out of context.
• Gnomon reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time.
• The rights granted to you constitute a license and not a transfer of title.
• Use of the Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Use of Software

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site (collectively, "Software") are the copyrighted and patented work of Gnomon or its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis.

Privacy

Gnomon's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Gnomon's Privacy Policy, please visit the Privacy Policy page.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Submitted Materials

All materials that you post on or otherwise submit via the Site and Services ("User Materials") shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials.

By posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part ("Images"), you represent and warrant that you own the copyright in such Images and have received consent from any and all persons depicted in such Images.

You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials.

Gnomon's Rights to Submitted User Materials

For all of your User Materials that you post or otherwise submit to the Site, you grant Gnomon and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution.

Restriction and Termination of Use

Gnomon may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Gnomon's sole discretion, without prior notice or liability to you.

Gnomon reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Links to Other Sites

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Gnomon's control, and Gnomon is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Warranties and Disclaimers

Gnomon makes no warranty that the Site, Services or Materials will meet your requirements, will be uninterrupted, timely, secure, or error-free, or that the quality of any services or materials purchased or accessible by you will meet your expectations.

Limitation of Liability

If, notwithstanding the other provisions of these Terms of Use, Gnomon is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Materials, or Services, Gnomon's liability shall in no event exceed US $100.00 (One Hundred Dollars). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Gnomon, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, attorneys, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Gnomon by any third party due to or arising out of or in connection with your use of the Site, Materials, or Services.

Violation of Terms of Use

Gnomon may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Gnomon's rights or property, or the rights or property of visitors to or users of the Site.

You agree that Gnomon may, in its sole discretion and without prior notice, terminate your access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

If Gnomon does take any legal action against you as a result of your violation of these Terms of Use, Gnomon will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Gnomon.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Gnomon and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

Void Where Prohibited

Gnomon administers and operates the www.thegnomonworkshop.com Site from its location in Hollywood, California USA. Although the Site is accessible worldwide, not all features or products discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.

If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Materials or Services or any copy or adaptation of such Materials or Services offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

These Terms of Use constitute the entire agreement between you and Gnomon with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Gnomon with respect to such use are hereby superseded and cancelled.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Gnomon shall be free to use such information on an unrestricted basis.